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HomeMy WebLinkAboutQuality Lock & Security Services Inc; 2022-11-15; PSA23-2010FACPSA23-2010FAC City Attorney Approved Version 8/2/2022 1 AGREEMENT FOR CARLSBAD POLICE & FIRE HEADQUARTERS DOOR HARDWARE CHANGE SERVICES QUALITY LOCK & SECURITY SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2022, by and between the City of Carlsbad, a municipal corporation, ("City"), and Quality Lock & Security Services, Inc., a California corporation, ("Contractor”). RECITALS City requires the professional services of a locksmith work consultant that is experienced in locksmith work. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be six thousand eight hundred thirty- nine dollars and eighty-four cents ($6,839.84). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D November 15th PSA23-2010FAC City Attorney Approved Version 8/2/2022 2 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D PSA23-2010FAC City Attorney Approved Version 8/2/2022 3 be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR QUALITY LOCK & SECURITY SERVICES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Kimberley McCarthy, President & CEO (print name/title) By: (sign here) Clayton Young McCarthy, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON By: City Attorney DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D PSA23-2010FAC 4 SCOPE OF SERVICES EXHIBIT A DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D URLRY PROPOSAL 'I.IICKASECIIIIITY SERVICES Date: 10/21/2022 340 E. BROADWAY I VISTA, CA 92084 (760) 945-4545 CS LB #850356 C lO C28 I LIC #LC0471 Reference#: 104260 Quotation#: Technician: To: Jobsite / Ship To: CITY OF CARLSBAD POLICE/FIRE/EOC PHASE I REKEY PROJECT Address Address City State IZip City State rip Phone rax Contact Phone rax Contact JAVIER RON HAUGLAND QTY LABOR DESCRIPTION Unit Price Labor 1 SERVICE LABOR TRAVEL TO SET UP MASTER KEY I I $ 900.00 SYSTEM, REMOVE TEMP CORE, INSTALL PERM CORE, MAKE & INSTALL DOOR# LABEL 78 CYLINDER COMBO CHANGE TO MASTER SYSTEM, LFIC $ 35.00 8 REMOVE YALE MORTISE CYLINDER, INSTALL NEW LFIC $ 35.00 SCHLAGE MORTISE HOUSING 286 CUT CUSTOMER PROVIDED OPERATING KEYS, $ 5.50 STAMPED W/NUMBER & ID 1 CONTIGENCY SERVICE/LABOR $ 650.00 QTY MATERIAL DESCRIPTION Unit Price 8 SCHLAGE, MORTISE CYLINDER HOUSING, LFIC, WITH $ YALE BEAVER TAIL CAM, 626 Note: This proposal may be withdrawn by us If no taccepted within _30_ days. All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. Our company is bonded and carries full liability insurance. 82.00 This proposal assumes there are no "special working conditions" and that aU work Is to be completed during normal business hours (6 am -5 pm Monday-Friday). Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. A minimum of 20% will be applied if a re-stocking fee is applicable. Signature: _________________ Date: ______ _ $ 900.00 ----- $ - $ - $ 2,730.00 $ 280.00 $ - $ 1,573.00 $ - $ 650.00 MATERIAL $ 656.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotals $ 6,133.00 $ 656.00 7.75% Sales Tax $ 50.84 TOTAL $ 6,839.841 "Thank You!" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 11/9/2022 Bolton Insurance Services LLC3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 6004772 Tokio Marine Specialty Insurance Company 23850 A 1,000,000PPK235402912/5/2021 12/5/2022 100,000 3 5,000 3 1,000,000 3 Errors & Omissions 5,000,000 5,000,000 A PUB794652 12/5/2021 12/5/2022 2,000,00033 2,000,000 2,000,000310,000 Vanessa Ramos 3 Quality Lock & Security Services Inc340 East Broadway Vista CA 92084 71204057 3 Additional insured(s): City of Carlsbad City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 RE: All Operations of the Named Insured General Liability Additional Insured applies per CG 2010 1185 attached, only if required by written contract/agreement. 71204057 | QUALSEC-C1 | 2122 GL UMB | Melissa Magana | 11/9/2022 9:09:28 AM (PST) | Page 1 of 2 DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D ACORD® I ~ I f--□ □ f-- f-- Fl □ □ f-- f--~ f--f-- f--f-- f--H I I I I I □ I PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY All other terms and conditions of this Policy remain unchanged. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name and Address of Person or Organization: Any Person or Organization Subject to Section II (Who is an Insured) As required by written contract or agreement prior to loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11/85 Page 1 of 1 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 2010 11/85 PPK2354029 71204057 | QUALSEC-C1 | 2122 GL UMB | Melissa Magana | 11/9/2022 9:09:28 AM (PST) | Page 2 of 2 DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D_____.., ACORD· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 11/4/2022 QUALLOC-02 JOYCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Snapp & Associates Insurance Services, LLC W8,NJo, Ext): (619) 908-3100 I FAX (A/C, No):(619) 908-3110 3838 Camino Del Rio, N. Ste. 310 ~tt'J~ss: Service@snappins.com San Diego, CA 92108 INSURER(Sl AFFORDING COVERAGE NAIC# 1NsuRERA: Hartford Accident & lndemnitv 22357 INSURED 1NsuRERB: Hartford Fire Insurance Co. 19682 Quality Lock & Security Services Inc INSURERC: 340 E Broadway INSURERD : Vista, CA 92084 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD W\/D fMM/DD/YYYYl fMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE □ OCCUR 8~~t/~H9E~~~b7r?ence\ -$ -MED EXP (Anv one person) $ PERSONAL & ADV INJ.JRY -$ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ ~ POLICY □ '.f 8f □LOC PRODUCTS -COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 / Ea ace id entl $ X ANY AUTO 72UECCE1810 11/5/2022 11/5/2023 BODILY INJ.JRY (Per person) $ -OVvNED -SCHEDULED -AUTOS ONLY ~ AUTOS BODILY INJ.JRY (Per accidentl $ ~~RT~Ps ONLY ~8¥oii1Ji.~ PROPERTY DAMAGE -~ (Per accident) $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION X I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N X 72WECPK5160 11/5/2022 11/5/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory in NH) E L DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POL ICY LIM IT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Operations of the named insured subject to the terms and conditions of the policy. Waiver of Subrogation applies with respect to Worker's comp policy per the attached endorsement. 30* days' notice of cancellation, 10* days' notice of cancellation in the event of nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 AUTHORIZED REPRESENTATIVE /}Mr~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 84F6CFD6-D31C-43B8-BE0D-8752244E265D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 72 WEC PK5160 Endorsement Number: Effective Date: 11 /05/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Quality Lock & Security Services Inc 340 E BROADWAY VISTA CA 92084 We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by ___________________ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A Process Date: 09/26/22 Policy Expiration Date: 11 /05/23